Legal Ethics
Legal Fees Get 2 Ga. Lawyers Indicted Under ‘Slayer’s Statute’
Posted Aug 25, 2008, 11:26 am CST
By Martha Neil
When Candace Rader and Valerie Cooke represented Debra Post in a murder case, they were allegedly paid $320,000 in legal fees through life insurance proceeds and real estate she deeded over to them.
The problem is, their client was accused of—and eventually pleaded guilty in 2003—to murdering her husband. And, under Georgia's "Slayer's Statute," a murderer isn't entitled to profit from his or her victim's estate, as Rader and Cooke allegedly helped their client to do, according to the Atlanta Journal-Constitution.
The indictment against the two attorneys is the first time a criminal case has been brought under the statute, the newspaper reports.
Each is charged with six counts of theft by taking and one count of theft by receiving. They were taken to the Douglas County Jail after their Thursday arrest, the Atlanta paper says, and released the next day on $100,000 bond each, the Associated Press reports.
Additional coverage:
Fox News: "Lawyers Arrested, Charged with Theft of Murder Victim's Assets"
WSB-TV: "2 Carroll County Lawyers Indicted On Theft Charges"
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Comments
Posted by H.V. Baxendale - 3 months, 1 week, 3 days, 2 hours, 56 minutes ago
Something is missing here. If the attorneys had successfully defended their client to a “not guilty” verdict wouldn’t they be able to keep the fee? And if not, seems like a civil forfeiture is the most they should face. Do other criminal defense lawyers go tojail b/c their drug dealer of bank robber clients pay them with their loot?
Posted by Jennifer - 3 months, 1 week, 2 days, 14 hours, 39 minutes ago
Client pleaded guility. Yes, they would be able to keep the loot if they successfully got her a not guilty verdict.
They must have known it was coming. I’m surprised they didn’t just set the fees apart until final resolution and return the money once she pleaded.
Posted by carrollton lawyer - 3 months, 1 week, 2 days, 4 hours, 46 minutes ago
Actually, Candace and Valerie took the 320k paid another attorney in town 50k to represent Post and did little to nothing other than probate admin for the 270k fee. Post was under investigation when she hired the two, so they should have known that the fee was problematic. Also, if the client waives privilege and testifies that she told attorneys she was guilty, I would think disbar is in the cards